..., 70 Tex. 157. J.H. Shapard, for appellee. 1. Case Adhered to — Executory and Executed Contract...when sued for the purchase money of land have recognized distinctions between executed and executory contracts. The distinction is stated as follows in the case of Cooper v. Singleton..., 19 Tex. 267: "The difference between the liabilities of the vendee under an executory and executed contract is this: That in the former lie...

...entered upon and into contracts both executed and executory apparently as said executor and executrix, and in the name and style of the estate of Van Rensselaer Powell; that on the 16th day of October... HENRY H. DARLING et al., Plaintiffs, v. GEORGE B. POWELL et al., Personally and as Executors, Defendants. Supreme Court, Albany Special...alleged causes of action stated in the complaint on the ground that they do not state facts sufficient to constitute a cause of action. The defendants are sued personally and as...

...as to the second point distinguish between contracts executed and executory, and regard a contract executed on one side as out of the statute. The later cases seem to conflict with the earlier. We...shall charge the jury that if this contract has been executed by the receipt of the corn by defendant, the plaintiff may recover. And though the declaration should be for a crop of corn bargained and sold.... Layton for plaintiff. Cullen and Frame for defendant. It was objected by...

...during his minority or thereafter; there is, in law, no distinction between executed and executory contracts, so far as the right of disaffirmance is concerned. 3. INFANTS — right...distinction between executed and executory contracts so far as the right of disaffirmance is concerned. In Chicago Mut. Life Indemnity Ass'n v. Hunt, 127 Ill. 257.... There really is but one question material to the issues here involved, and that is, was the plaintiff a minor at the time his mother executed the contract...

..., "is a compact between two or more persons, and is either executory or executed. An executory contract is one in which a party binds himself to do or not to do a particular thing. A...contract executed is one in which the object of the contract is performed, and this, says Blackstone, differs in nothing from a grant. A contract executed, as well as one that is executory, contains...contracts, executed and executory, "whoever may be parties to them." In that case the legislature of Georgia had repealed an act passed by a...

...donor. Did the donor declare a voluntary trust? "Trusts are also classified as executed and executory, and the distinction between the two classes has been long recognized...`executed' and `executory' are properly used with regard to trusts; nor has the classification any reference to the effect of the statute of uses. "An executed trust is one in which...that something not fully declared is required to be done, in order to complete and perfect the trust, and to give it effect. The distinction between executed and executory trusts properly so-called...

...are to be read and construed together. ( 2) Contracts, Executed and Executory. Warehouse Receipts. Where warehouse receipts were to be delivered to purchaser upon...it is necessary to determine whether the contract was executory or executed and, if the former, the measure of damages for its breach...with other Documents. When notes are executed with other instruments at the same time for the same purpose and in the course of the same transaction, they are to be considered as one instrument and...

...distinguishing between executed and executory trusts and on classifying this trust as one or the other, and also cite many cases dealing with the proposition that a gift of the income from property.... The judgment of the court below, overruling a general demurrer to the petition and sustaining a general demurrer to the.... Norman Joshua Stewart brought this suit against the First National Bank of Brunswick, Lloyd Spencer Horton, and Mrs. C. N. Martin, seeking to require the executor of the will of Mrs. Valeria Hill...

...between a contract such as this providing for mutual releases and one giving rise to future obligations, or, as counsel also expressed it, between executed and executory contracts. If.... 2. Under such circumstances, a motion to dismiss the appeal for a lack of a bill of exceptions will be overruled, where there is no dispute as to the existence and provisions of...the antenuptial agreement and counsel for both sides devote their attention to the meaning and effect of the agreement. 3. The consideration of an antenuptial agreement is the...

....) It is true that the courts have distinguished between executed and executory contracts as to what may constitute a ratification and that the contract in question was in a sense executory (See Words...Phrases, title, Executory Contracts), but in so far as it concerns the principle here involved, it is a distinction without a difference, for the plaintiff was in possession and the defendant held...the plaintiff purchased of the defendant six lots on Lake Oneida beach, "with buildings and improvements thereon" for the sum of $3,500...

...distinction between executed and executory contracts. ( McBlair v. Gibbes, 17 How. 232; Brooks v. Martin, 2 Wall...defendants ought to pay her any part of the prize money except by proof of the contract, and as it was a gambling contract, still executory as respects the division of the prize money, the law will not...exacted by and paid to the said government; that, with their knowledge and assent, he made an agreement with the defendant, an attorney and counselor at law, by which the plaintiff was to procure...

...between executed and executory contracts. In California the statute designates the grounds for rescission." As above noted the California statute makes no distinction between executed and executory contracts...decreed on the ground of fraud notwithstanding the fact that the contract had been completely executed, without mentioning any distinction between executed and executory contracts. In the instant case...acre, which fact was not communicated to the plaintiff. The deeds delivered to plaintiff were executed by Edward C. Farrell and wife Margaret Farrell, were recorded by Edward C. Farrell, and bore...

...decision was that the trust, having been declared at the time the legal title passed, and (205) being, therefore, an executed or perfected trust, as distinguished from an executory trust, or one...trust, and for this reason Lord Hardwick at one time declared that there was no such distinction as that asserted between executed and executory trusts; but from this position he was forced...substantial difference between executed and executory trusts in this respect, that is, that one is good in favor of a volunteer and the other is not. An executed trust, therefore, if declared at the time...

...other." In Ellis v. Higgins, 32 Me. 34, the court said: "But the counsel does not notice the distinction between executed and executory contracts...considerations for a single object, is unlawful, the entire contract is void, applies only to contracts which are executory at least in part, and does not permit an Indian, who has conveyed a portion of...homestead and surplus allotments of plaintiff in error. The defendant in error filed an answer alleging ownership of the lands by reason of a warranty deed executed to him by the plaintiff in error...

...— Executed and Executory Contracts. — Although natural love and affection is sufficient consideration for an executed contract, it is insufficient to support an executory contract. p. 407...during each year that the uncle should live, was executed through motive only, and being executory in nature the natural love and affection existing between the parties thereto was not a sufficient...love and affection is sufficient consideration for an executed contract, it is generally held insufficient to support an executory promise. Indiana is in line with this general rule and the courts of...

...Turner v. Gaither, 83 N.C. 362, Chief Justice Smith quoted the language of 2 Greenleaf, section 367, in which a distinction is drawn between executed and executory contracts...— Lien, Priority of. An infant executed a mortgage of land, and after arriving at majority executed another mortgage of the same land to another mortgagee; in the last mortgage.... The question presented by this appeal is whether the mortgage deeds executed by an infant, and purporting to convey land to John Beavans to secure two notes, one for $150, the other for $50, were...

...was entered into by plaintiff and one of the defendants acting for himself and on behalf of the others as their duly authorized agent. 3. INFANTS — Contracts — Executed and Executory. Executed...said: "A marked distinction exists between the affirmance of executed and executory contracts made during infancy." In 14 R. C. L., pages 223-25, the law is stated thus: "In short, the modern doctrine is...avoided, and are not binding on the infant until affirmed after he has reached his majority. 4. Contracts. In an action to enforce an executory contract of an infant, it...

...given directly to Lucy Ferguson and her daughter, or to Barnes, in trust for them; because, if it were a trust, it was an executed, instead of an executory one, according to the well established...executed and executory trusts. The judgment must be reversed, and a venire de novo awarded. PER CURIAM, Judgment reversed. ...bequest was made to a trustee, in trust for A and B and their "lawfully begotten heirs," the trust being an executed one, is subject to the same construction as if the bequest had been of the legal...

...performed and everything that was to be done is done. * * * Another distinction between an executory and an executed contract is that the former requires affirmative action for its establishment, but...for a limited class of contracts considered binding, as for necessaries, etc., the contract of an infant is voidable, and this is so as to both executed and executory contracts, but with different...voidable, and in law there is a marked distinction between his executed contract and his contract merely executory. As to the latter he may always interpose his infancy as a defense in an action for its...

.... Harvey Terry for defendants. Reformation — Contracts, Executed and Executory — Rescission — Specific...." This distinction between executory and executed contracts is thus clearly put by Adams Eq., 171: "Where land is the subject of the erroneous instrument, the reformation of an executed.... There is a hopeless conflict of authority upon the question, whether a court of equity will correct an executory contract on the ground of fraud or mistake, and enforce it with the...